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(영문) 울산지방법원 2017.09.28 2017가단57983
물품대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On January 6, 2017, the Plaintiff entered into a contract with the Defendant to purchase 200 parts of the franchise IG car from the Defendant for KRW 50 million.

B. Although the Plaintiff paid KRW 50 million to the Defendant, the Defendant delayed the supply of the above goods, the Plaintiff and the Defendant agreed to cancel the above sales contract and the Defendant returned the above KRW 50 million to the Plaintiff.

C. However, the Defendant returned 15 million won to the Plaintiff.

Therefore, the defendant should pay to the plaintiff the remainder of 35 million won and damages for delay.

2. Determination

A. 1) The Plaintiff’s husband, C, the husband of the Plaintiff, is the Plaintiff’s “D” Internet club (hereinafter “instant club”). The Plaintiff’s husband, “D” car-related NAC.

(2) Around December 2016, the Plaintiff is an operator of the instant club, and the Plaintiff is a person who registered the business and reported the mail order with the trade name of “E.” (hereinafter “E”), and the Plaintiff and C entered into a contract with the Defendant to purchase KRW 200,000,000 from the Defendant for the joint purchase of the members of the instant club members (hereinafter “instant sales contract”).

3) On January 6, 2017, KRW 50 million under the instant sales contract was transferred from the Plaintiff’s account to the Defendant’s account. 4) Although the amount of the goods under the instant sales contract was fully paid, the instant sales contract was terminated to the extent that the instant goods were not supplied.

5) Accordingly, the Defendant agreed to return KRW 15 million on April 10, 2017, KRW 15 million on the same month, KRW 20 million on the same month, and KRW 35 million on the 30.20 million on the same month, but the remainder of KRW 15 million is not to be returned. [Grounds for recognition] There is no dispute over the facts, Gap’s evidence 1, 2, and 4 through 10, and Eul’s evidence 2 through 9 (each entry, including each number, and the purport of the entire pleadings).

B. The instant sales contract is determined.

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